The board has announced a new approach to the enforcement of non-permitted short-term rentals in electoral areas. The proposed resolution aims to provide clear guidance to staff, stakeholders, and the public regarding the initiation of investigations, whether they are complaint-driven or proactively initiated by staff. In short, Bylaw will now seek out violations instead of being complaint-driven.
In 2023, the provincial government stated there was a housing crisis across British Columbia They claim the rise of short-term rentals has exacerbated this issue by reducing the available housing stock. In response, the government enacted Bill 35, the Short-Term Rental Accommodations Act, to strengthen local governments’ enforcement tools, return short-term rentals to the long-term market, and establish provincial rules and enforcement measures.
The CVRD’s Corporate Strategic Plan for 2023-2026 supports this enhanced enforcement approach. Specifically, Objective 7 of the plan aims to provide a range of housing options and tenures for different income levels and stages of life. Action 7.5 within this objective focuses on enhancing enforcement and modernizing regulations for short-term rentals in electoral areas.
During a recent board meeting, Director Martman raised questions about how this new report aligns with the existing bylaw approach of working collaboratively towards compliance. Martman asked if there was a shift in strategy or if the same process of aiming for voluntary compliance would continue. In response, a staff member explained, “In general, the same process is followed. Whether we initiate an investigation or it is reported to bylaw, our goal is voluntary compliance. If we find a violation, we always create a path for that person to reach compliance. We use discretion quite regularly, advising people of the bylaws they might not be aware of and guiding them on how to correct their actions. If they choose not to comply, we’ll consider enforcement options based on the will of the board and the community.”
Martman expressed concerns about the compatibility of proactive measures with the goal of voluntary compliance. He questioned whether there is enough lenience in the new approach, given that proactive enforcement typically implies clear consequences for non-compliance. He also noted that achieving compliance through bylaw enforcement can be time-consuming, which might not be a luxury the board can afford in a housing crisis. The staff member acknowledged these concerns, noting, “In enforcement, we try to be as consistent as possible with every similar case. Time is always a factor that can slow things down. We consider the severity and persistence of the violation and move forward faster with enforcement if necessary. However, as directed, we aim to be proactive in our enforcement efforts.”
Director Acton also raised important points during the discussion, inquiring about the specifics of what constitutes a short-term rental in Area B and whether Area B, which has opted out, would still be targeted. Director Acton stated that they are using a broad sweep to try to fix one problem (housing) but can be creating more problems as there are many uses for short-term rentals on Shawnigan Lake especially, from some rustic cabins that are not winterized and only meant for summer accommodations to people needing short-term in the winter due to some schools in the area. She also stated that we are looking to boost tourism, and economic development and that they are not having the “other discussion” and highlighting areas that maybe should not be included.
The board referred to Mr. Tippett for clarification. He explained, “The different zoning bylaws deal with what we now call short-term rentals differently, but they all share a general prohibition against short-term rentals in residential zones with a few exceptions. We’re working on more consistent wording between the various bylaws to help the public understand the regulations. Currently, short-term rentals are not permitted in residential zones in most areas.”
Director Acton also highlighted the unique circumstances of certain areas like Shawnigan Lake, where the population and local businesses depend on seasonal tourism. She stressed, “We’re trying to solve one problem but might create others. We should highlight certain areas where short-term rentals should be permitted.” Mr. Tippett agreed that this issue needs to be addressed through policy discussions first, stating, “Zoning can only implement what policy allows. This is a bylaw enforcement strategy, not a planning strategy.”
Director Deck added insights about the impact of provincial regulations on short-term rentals in his area, Yubo. He noted a significant decrease in short-term rentals and wondered if stricter regulations were driving the market underground. Mr. Harris confirmed that higher fines and business licensing would be considered to manage this issue, emphasizing, “The new tools provided by the provincial government will be put to use. We expect some properties will go underground, and typically, bylaw enforcement hears about the nuisance properties first.”
The meeting concluded with a summary of the board’s intent: “We’re a complaint-driven bylaw system, but we’ve now instructed staff to actively seek out violations. Everything else remains the same.”
This proactive approach marks a significant shift in how short-term rental regulations will be enforced changing from a complaint-driven one to bylaw actively seeking out non-compliance. This will be very hard on people, from those who have seasonal rentals, and to those that house traveling nurses and labourers, to name a few.
